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Cummings v. Floro

Appellate Court of Illinois, Fourth District
May 31, 1941
310 Ill. App. 607 (Ill. App. Ct. 1941)

Opinion

Opinion filed May 31, 1941

WITNESSES, § 61interest as disqualification, person liable to claimant against estate. In claim against estate for money loaned to decedent, decedent's father who testified for claimant was incompetent because he was directly interested in having the claim allowed, where he was liable to claimant either on an original or collateral promise to pay the loan, and the fact that the statute of frauds might bar claim against him did not remove the disqualification, because the statute is a personal defense and may be waived by the person sought to be charged, but uncontradicted testimony of decedent's brother tended to establish the claim, the circuit court had not passed upon his credibility by seeing him on the stand because only the transcript of evidence presented before the county court was introduced in the circuit court, and transcript did not justify circuit court in disregarding such testimony, so that judgment against claimant would be reversed and cause remanded for trial de novo.

See Callaghan's Illinois Digest, same topic and section number.

Appeal from Circuit Court of Franklin county; Hon. ROY E. PEARCE, presiding.

Reversed and remanded. Heard in this court at February term, 1941.

R.E. Smith and Eovaldi Eovaldi, for appellant;

Marion M. Hart, for appellee.


"Not to be published in full." Opinion filed May 31, 1941.


Summaries of

Cummings v. Floro

Appellate Court of Illinois, Fourth District
May 31, 1941
310 Ill. App. 607 (Ill. App. Ct. 1941)
Case details for

Cummings v. Floro

Case Details

Full title:Owen Cummings, Appellant, v. Arlie Floro, Administrator of Estate of…

Court:Appellate Court of Illinois, Fourth District

Date published: May 31, 1941

Citations

310 Ill. App. 607 (Ill. App. Ct. 1941)
35 N.E.2d 92

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